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> But how do you explain that one knew what they where doing was unlawful?

That doesn't matter. As the maxim goes, ignorance of the law is no excuse.



You forgot the second sentence for context: How can they if the law clearly states they cannot be prosecuted?

It is if the law is not defined. You can't be in violation of a non-existent law. As the maxim goes, innocent until proven guilty beyond a reasonable doubt.




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